Q: My bonus payout is on 2/28, and I want to resign on 2/20 so I can give two weeks notice to my current employer and join
A: If you give notice prior to payment and the bonus is discretionary, your employer may not pay it and you will not have a remedy.
1 user found this answer helpful
A:
If your bonus payout is on 2/28, and you resign on 2/20, your employer may choose to withhold your bonus payout. This is because bonuses are typically considered discretionary, which means that an employer is not legally required to pay them. However, if there is a company policy or agreement in place that guarantees a bonus payout, then the employer would be required to honor it.
In general, it is best to check with your company's HR department or review your employment contract or company policies to determine whether your bonus is guaranteed or discretionary, and whether there are any conditions that must be met in order to receive the bonus. It may also be worthwhile to discuss your plans with your employer and try to negotiate a solution that works for both parties.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
